Fifth Circuit Adheres to Granting Interlocutory Review of Denial of State-Action Immunity in Antitrust Cases Under Collateral Order Doctrine, Continuing Circuit Split

In Quadvest L.P. v. San Jacinto River Auth., No. 20-20447 (5th Cir. Aug. 5, 2021), a Fifth Circuit panel holds in a Sherman Act case that, despite every other circuit rejecting its view, it will accept interlocutory review of a defendant’s “entitlement to state-action antitrust immunity in a motion to dismiss” under the collateral orderContinue reading “Fifth Circuit Adheres to Granting Interlocutory Review of Denial of State-Action Immunity in Antitrust Cases Under Collateral Order Doctrine, Continuing Circuit Split”

Tenth Circuit Declines Appellate Jurisdiction to Review District Court’s Findings in Investigation of a U.S. Attorney’s Office

In United States v. Carter, No. 20-3042 (10th Cir. May 4, 2021), the Tenth Circuit holds that it lacks jurisdiction to review a district court’s investigation of recordings of attorney-client communications at a federal detention center, obtained by the United States Attorney’s Office in Kansas (USAO). “After learning that the USAO had these recordings, theContinue reading “Tenth Circuit Declines Appellate Jurisdiction to Review District Court’s Findings in Investigation of a U.S. Attorney’s Office”

Tenth Circuit Finds No “Practical Finality” Exception to Administrative Remand Rule in IDEA Case

In C.W. v. Denver Cnty. Sch. Dict., No. 19-1407 (10th Cir. Apr. 20, 2021), the panel dismisses an Individuals with Disabilities Education Act appeal under the “administrative remand” rule and remands with directions to stay the action pending the administrative hearing. “Through his parents, C.W. sought and received a due process hearing with a stateContinue reading “Tenth Circuit Finds No “Practical Finality” Exception to Administrative Remand Rule in IDEA Case”

Seventh Circuit Goes Off-Script to Express “Grave … Concerns” About Continuation of 1972 Consent Decree

In Shakman v. Clerk of Cook Cnty., No. 20-1828  (7th Cir. Apr. 16, 2021), while affirming the district court’s denial of a motion to vacate a consent decree over hiring in Cook County, Illinois, the panel urges “[d]iligence, not dormancy” in future proceedings. For those living in Northeastern Illinois, the Shakman Decrees are well-known toContinue reading “Seventh Circuit Goes Off-Script to Express “Grave … Concerns” About Continuation of 1972 Consent Decree”

First Circuit Finds an “Exception to the Exception” of the Merger Rule to Review Interlocutory Order

In Commonwealth Sch. Inc. v. Commonwealth Acad. Holdings, No. 20-1112 (1st Cir. Apr. 14, 2021), the First Circuit holds that it has appellate jurisdiction over an interlocutory order denying enforcement of a settlement, in a case testing the length of an exception to the merger rule. The parties, two private schools, were locked in aContinue reading “First Circuit Finds an “Exception to the Exception” of the Merger Rule to Review Interlocutory Order”

Class Action Lawyer Persuades Tenth Circuit to Vacate Conditions on Rule 41(a)(2) Dismissal That Limited Him from Refiling Action

In Frank v. Crawley Petroleum Corp., No. 20-6018 (10th Cir. Mar. 29, 2021), the Tenth Circuit holds that a plaintiff’s class-action lawyer has standing to challenge restrictions on his practice that a district court imposed in a Rule 41(a)(2) voluntary dismissal. The class action, removed to federal court under the Class Action Fairness Act, concernedContinue reading “Class Action Lawyer Persuades Tenth Circuit to Vacate Conditions on Rule 41(a)(2) Dismissal That Limited Him from Refiling Action”

Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling

In O’Hanlon v. Uber Technologies Inc., No. 19-3891 (3d Cir. Mar. 17, 2021), the panel rejects defendant-appellee Uber’s argument that the Court of Appeals must take up a standing issue along with its interlocutory review of an arbitration decision. “We established in Griswold v. Coventry First LLC that, on interlocutory appeal from the denial ofContinue reading “Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling”

Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit

In Jin v. Shanghai Original, Inc., No. 19-3782 (2d Cir. Mar. 9, 2021), the Second Circuit holds that although a prevailing party ordinarily does not have standing to appeal, a plaintiff who was also a class representative may nevertheless appeal the decertification of the class. Plaintiff Jin successfully moved to certify a Fed. R. Civ.Continue reading “Class Representative Who Won at Trial Can Still Appeal Class Decertification, Holds Second Circuit”

Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision

In Grace Ranch, LLC v. BP American Prod. Co., No. 20-30224 (5th Cir. Feb. 26, 2021), the Fifth Circuit – in a case of first impression for that court – decides that, notwithstanding 28 U.S.C. § 1447(d), it has appellate jurisdiction to review a Burford abstention remand to state court. It also dismisses the stateContinue reading “Fifth Circuit Wrestles with Diversity and a Quirk in Appellate Jurisdiction in Review of a Burford Abstention Decision”

Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box

In Pierce v. Ocwen Loan Servg., LLC, No. 20-6057 (6th Cir. Feb. 4, 2021), a motion panel denies a motion to dismiss an appeal on limitations grounds, holding that the lawyer dropping the paper notice of appeal in the district court’s drop box constituted filing for purposes of Fed. R. App. P. 4. “Homeowners GeraldContinue reading “Sixth Circuit Holds That Notice of Appeal Was Timely Filed When It Was Deposited in the Court Drop Box”